autism mom Posted March 30, 2007 Report Share Posted March 30, 2007 I just received a summons today - it was mailed to my old address and the current resident ran into someone who knows me - and I have very little time to deal with it.The date of filing is 3/5, and it says I must file an answer withing 35 days, which makes it 4/9 - day after Easter, I don't know what days the court is closed but they seem to take a lot of holidays.I don't know what this is for, so I need time to find out - is that what I put in an answer??I am being sued by Hayt, Haty & Landau, LLC (Eatontown NJ). The amount is 15,000 plus 315 in fees. The original creditor, according to the summons, is Citibank, and this has been "assigned" to them. The summons, as I say, was sent to my former address from 3 years ago and it is pretty much coincidence that I got it. I've had no correspondence with these people - if they sent info to the old address, of course I wouldn't see it.This is in Bergen County, NJ.I think that is all I have from Citibank - I was sick, and things got messed up (obviously!) but these two are all that show up on my 3 credit reports.I have no idea what the status of the case is. I have not disputed the debt with the credit bureaus, nor did I request debt validation before the suit was filed. How could I, when I don't know what it is?There is no evidence with the summons. It just says Citibank account (no number) has been assigned to Plaintiff, they want money. Also, my name on the summons is a form of my name that I've never used on a credit card or bank account etc. - I may have been sick, but I wasn't that sick. It is my name, but I don't know why they used a nickname, not my full name.I can't tell what the SOL is because I don't know what the heck it is!!!SO - sorry for being long, but WHAT DO I DO? Is the "answer" where I tell the court I need extra time to get information? Help, thanks! Link to comment Share on other sites More sharing options...
Strawberry Bird Posted March 30, 2007 Report Share Posted March 30, 2007 Too much specific info.. you could be easily identified by the enemy. You want to file an Answer (deny, admit or not enough info) for each paragraph in the Complaint. Generally you will deny or not enough info each item unless it is something personal and true.. such as your name and address. You also need to file your Affirmative Defenses. Search this board and go to creditboards.com/forums, and also whychat.com and search them. I think the thing you see the most and probably don't realize how important it is, is go to WestLaw.com and find the Rules of Civil Procedure and Rules of Evidence for your State and start reading!! NO matter what you find out on these sites, things must be files in a specific way. Don't let them get a default judgement on you!! It is worth your time to fight it. Good luck SB Link to comment Share on other sites More sharing options...
autism mom Posted March 30, 2007 Author Report Share Posted March 30, 2007 Thanks much - I'm off to WestLaw.com. There is so much I don't know!I edited my post, thanks for the heads-up.Even stupider question, but the "complaint" is the part where it says 1. Defendent owes etc and 2. Plaintiff demands, right? Link to comment Share on other sites More sharing options...
admin Posted March 30, 2007 Report Share Posted March 30, 2007 Even stupider question, but the "complaint" is the part where it says 1. Defendent owes etc and 2. Plaintiff demands, right?Yep. Link to comment Share on other sites More sharing options...
unusualsuspect Posted March 30, 2007 Report Share Posted March 30, 2007 If you use MS Word, use the Pleading Wizard template. The answers you give must be in proper legal form. Link to comment Share on other sites More sharing options...
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